NATIONAL COMPANY LAW TRIBUNAL

MUMBAI BENCH, COURT-II 15. Company Appeal/5/2024

CORAM:

SHRI ANIL RAJ CHELLAN SHRI KULDIP KUMAR KAREER HON’BLE MEMBER (T) HON’BLE MEMBER (J) ORDER SHEET OF THE HEARING OF MUMBAI BENCH OF THE

NATIONAL COMPANY LAW TRIBUNAL ON 10.06.2024

NAME OF THE PARTIES:- Mr. Jitesh Maganlal Naik

V/s

The Registrar of Companies Mumbai

Section: 252 (3), of Companies Act, 2013.

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ORDER

1. Adv. Rahul Sarda a/w Adv. Sharad Wakchoure appeared for the

Applicant/Petitioner. Ms MNL Jyotsna, RoC Mumbai appeared though VC.

2. This Company Appeal is filed by Mr. Jitesh Maganlal Naik, a shareholder

on behalf of AScon Paints Private Limited, CIN: U99999MH1986PTC041258, (hereinafter called ‘the Company’) under Section 252 (3) of the Companies Act, 2013 praying for restoration of the name of the Company to the Register of Companies maintained by the

Registrar of Companies, Mumbai.

3. The Petitioner submits that the Company was incorporated on 16.10.1986

under the Companies Act, 1956 as a Private Company limited by shares with the Registrar of Companies, Mumbai to carry on the business of manufacture of, deal, export, and import of all kinds of paints and other ancillary and

incidental activities in India.

4. The grievance of the Petitioner Company is that the Respondent, Registrar

of Companies, Maharashtra, Mumbai struck off the name of the Petitioner

Company from the Register of Companies maintained by them by issuing notice in Form STK-1, STK-5 dated 04.01.2022 and STK-7 dated 29.04.2022 under section 248(4)(1) for removal of the name of the Company from the Register of Companies under section 248(1) of the Companies Act, 2013 and Rule 3 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 on the ground that the it has reason to believe that the Company has not been carrying on any business or operation for a period of two immediately preceding financial years and has not made any application for obtaining the status of dormant company under section 455 of the Companies Act, 2013.

5. The Petitioner submits that they came across the Public Notice dated

04.01.2022 being No. STK-5 for the first time in the first week of May 2022. The Petitioner submits that they attempted to file objections on May 17, 2022, against the proposed removal of the Company's name from the register, but the Respondent refused to accept the objections. The Petitioner vide its covering letter dated 17.05.2022 put on record the fact of service tried on the Respondent by hand delivery and emailed the said objections to the Respondent. The Petitioner also served the objections by registered post with acknowledgment due on 18.05.2022. The Petitioner neither received a reply to his email nor a reply to his objections.

6. The Petitioner filed a writ petition bearing No. WP(L) No. 16404 of 2022 in the Hon’ble Bombay High Court on 24.05.2022 to set aside the process of removal/striking of the name from the Register of Companies pursuant to the public notice dated 04.01.2022. However, the Hon’ble Bombay High Court vide its order dated 11.12.2023 directed the Petitioner to approach NCLT for further purpose.

7. Meanwhile, the Respondent on 20.07.2022 informed the Petitioner that the Respondent had already passed an order striking off the name of the company from the Register of the Companies.

8. Hence, the Petitioner filed the present petition and stated that the Company since its incorporation has been carrying on its business from its factory and regularly filing the requisite financial statement with the Respondent as well as Income Tax Authorities till 2017. However, due to inadvertence and clerical mistake, the financial statements for the years ended 31.03.2018 and thereafter, could not be filed though the company has been regular in maintaining its books of account and getting the same audited, as per the applicable law. Copies of the Audited Financial Statements for the year ended 3